1. Weather & Cancelation Policy: Weather is at times unpredictable in Alaska, we can get a little bit of everything in the same day. The rain and the long winters is what makes our beautiful summers so amazing and long anticipated! In decade that I have been doing photography, cancellations due to weather hardly ever happen; I can think of just a few times out of the hundreds of sessions I have done! The cancellations have typically happened due to a torrential downpour because this type of rain (as opposed to snow or mist/rain) actually gets you wet, and this type of weather can also damage my equipment. We love shooting in the snow and rain, some client even wait to schedule their session for day that it is snowing! Choosing great, photo ready and season appropriate outfits helps; think layers, even in the summer. If the session has started and the weather becomes unbearable, I am happy to wait it out with you! Ultimately, the final call on cancellation is up to you. I will stay touch with you when weather might be an issue! When you schedule a session with me, I am turning away other work, and I set aside time in my schedule specifically for you. As a result, I must charge a fee when you choose to cancel or do not show up to your scheduled session. Cancelations and No Show Fees: - One Day (24 hours) or Less: $50 Cancelation Fee - No Show: $100 No Show Fee - Photographer Cancelation: No fees charged **Definitions: Cancelation: canceling anytime up to 24 hours prior to your session No Show: not showing up for your session and/or no contact 2. Scope of Work: Joshua Veldstra Photography, LLC (Photographer) will provide the following deliverables to Client (You): all edited, and high-resolution files in a digital format. No RAW images or RAW footage will be delivered to the Client. Photographer may decline, or charge additionally for, services or deliverables that Photographer reasonably deems to be beyond this Scope of Work. 3. Ownership of the Work: Photographer hereby assigns to Client all right, title and interest in the work, including all trademark and copyrights, except that Photographer shall retain the right to use the work for self-promotion, such as in a portfolio, exhibit or social media. Photographer does not need to ask permission of the client to use photographs for self promotion including social media. This assignment is conditioned on Photographer being paid the full amount owed. Client may not sell photos to third parties, such a business or publisher. Client and/or business must contact Photographer for permission to use photographs. 4. Independent Contractor Relationship: Photographer is an independent contractor, not an employee or partner of Client. Photographer is solely responsible for all taxes, withholdings, insurance, and any other obligations that may apply to an independent contractor. 5. LIMITED WARRANTY PHOTOGRAPHER WARRANTS THAT NO OBLIGATION TO A THIRD PARTY PROHIBITS PHOTOGRAPHER FROM ENTERING INTO THIS AGREEMENT, AND THAT TO PHOTOGRAPHER'S KNOWLEDGE, WORK PRODUCED UNDER THIS AGREEMENT WILL NOT VIOLATE THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. LIMITATION OF LIABILITY UNLESS A RESULT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, THE LIABILITY OF EITHER PARTY TO THE OTHER FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE AMOUNT OF PHOTOGRAPHER'S TOTAL FEES UNDER THIS AGREEMENT. 6. Termination: If either party materially breaches this agreement, the non-breaching party may terminate the agreement only by providing written notice of the breach to the breaching party. The breaching party shall have 5 days to cure the breach after receiving such notice. If the breaching party fails to cure the breach in that time, the agreement shall terminate except with respect to those obligations that are noted herein as surviving termination. If the agreement terminates for any reason other than a material uncured breach by Photographer, then Photographer is immediately entitled to the greater of (i) any unpaid fees prorated for the work completed at the time of termination or, if applicable, (ii) the non- refundable deposit paid by Client at signing, retained as liquidated damages. The above payment obligation, and any payment obligations pending at termination, survive termination. 7. Miscellaneous: This agreement is between Client and Photographer, and neither is allowed to delegate, transfer or assign it to a third party without the written consent of the other. This is the parties' entire agreement on this matter, superseding all previous negotiations or agreements. It can only be changed by mutual written consent. The laws of the state of Alaska govern this agreement and any disputes arising from it must be handled exclusively in courts in that state. The prevailing party in any dispute will be entitled to recover reasonable costs and attorneys' fees.
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